Waltrip v. Kimberlin

Opinion

MORRISON, J.

This case requires us to determine the priority of competing liens, of a judgment creditor and the debtor’s attorney, on settlement proceeds. Plaintiffs appeal from an order authorizing payment of counsel fees and costs from a settlement. Out of the $2.5 million settlement, the order authorized payment of $1,726,632 to counsel for fees and costs and $773,368 to Wells Fargo Bank, a creditor. Plaintiffs, who had sought disbursement of the entire settlement to counsel, contend the trial court erred because the attorney lien had priority over Wells Fargo’s creditor lien.

We…